What are the standard conditions in an agreement between two parties?
Saskatchewan, Canada
The following excerpt is from L.A. v M.A., 2017 SKORT 352 (CanLII):
The standard conditions providing core responsibilities of both parties were not contained in the agreement as required by section 19 (1)(a). The decisions in Makari v. Stevely, 2008 SKQB 252 (CanLII),319 Sask R 157 and Saretzky v. Bear, 2012 SKQB 151 (CanLII),396 Sask R 34 say that when the standard conditions are missing I must make decisions based on what actually is in the agreement. Sections 7 (2)(a) and 7 (2)( c ) say that an agreement provision that is not consistent with the Act and not clearly communicated is not enforceable.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a finding that a party to a business agreement is bound by the terms of the agreement? (Saskatchewan, Canada)
Can a party in his own name adopt a property in the name of the owner without the consent or sanction of the other party? (Saskatchewan, Canada)
Does a party and a party have to pay additional costs to a mortgage? (Saskatchewan, Canada)
What are the implied warranties and conditions in the third class of an engine warranty agreement? (Saskatchewan, Canada)
What is the effect of a conditional termination of an agreement? (Saskatchewan, Canada)
What remedies are available to a party to a contract where the other party fails to complete the entire contract? (Saskatchewan, Canada)
What are the legal consequences if a party agrees to surrender a lease with another party? (Saskatchewan, Canada)
What is the patent unreasonableness standard in the interpretation of a collective agreement? (Saskatchewan, Canada)
What is the test for determining whether there was connivance between the parties in the context of the definition of a party to a marriage contract? (Saskatchewan, Canada)
Is an agreement by a homesteader to give possession of his homestead for five years to a party who would farm it on shares not a transfer or assignment? (Saskatchewan, Canada)
